Rule 1.708.Conduct of oral deposition

Division VII: Depositions and Perpetuating Testimony · Last amended January 1, 2015 · Last verified July 15, 2026

In one sentenceRule 1.708 governs how an oral deposition runs — trial-style examination and cross-examination under oath, objections that must be concise and nonargumentative, limited instructions not to answer, an option to proceed by sealed written questions, and court authority to sanction abusive conduct or halt an oppressive deposition.

Full Text of Rule 1.708

Text sizeJump to: (17081) (2)

1.708(1) Examination; cross-examination; recording examination; administering the oath; objections; written questions.

a. Examination and cross-examination; recording examination; administering oath. Examination and cross-examination of witnesses may proceed as permitted at the trial. The officer before whom the deposition is to be taken shall put the witness under oath and shall personally, or by someone acting under the officer's direction and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with rule 1.701 (4). If requested by one of the parties, the testimony shall be transcribed.

b. Objections. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under rule 1.708 (2).

c. Participating through written questions. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition who shall transmit them to the officer. The officer shall propound them to the witness and record the answers verbatim.

(2) Sanction; motion to terminate or limit examination.

a. Sanction. The court may impose an appropriate sanction, including the reasonable expenses and attorney fees incurred by any party, on a person who impedes, delays, or frustrates the fair examination of the deponent.

b. Motion to terminate or limit. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the district where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in rule 1.504. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of rule 1.517 (1)(d) apply to the award of expenses incurred in relation to the motion.

End

Plain-English Summary

Rule 1.708(1)(a) lets examination and cross-examination proceed at a deposition much as they would at trial. The officer administers the oath and records the testimony, personally or through someone acting under the officer's direction and in the officer's presence, using the stenographic or other method ordered under Rule 1.701(4); the testimony is transcribed if any party requests it.

Objections are handled with specific limits. The officer notes all objections to the officer's own qualifications, the manner of taking the deposition, the evidence offered, any party's conduct, or any other aspect of the proceeding, and objected-to evidence is still taken subject to the objection. Rule 1.708(1)(b) requires an objection to be stated concisely, without argument and without suggesting an answer to the witness, and instructing a deponent not to answer is allowed only to preserve a privilege, to enforce a court-ordered limitation, or to present a motion to terminate or limit the deposition under Rule 1.708(2)(b).

A party who prefers not to attend can instead use Rule 1.708(1)(c)'s written-question option: serving sealed written questions on the party taking the deposition, who transmits them to the officer to pose to the witness, with answers recorded verbatim.

Rule 1.708(2) backs the whole process with real enforcement power. The court may sanction anyone who impedes, delays, or frustrates a fair examination, including an award of reasonable expenses and attorney's fees. On a showing that an examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or a party, either the court where the action is pending or the court in the district where the deposition is taken may order the examining officer to stop the deposition immediately, or may limit its scope and manner under Rule 1.504. A deposition halted this way can resume only on order of the court where the action is pending, and the deposition is suspended while a party prepares such a motion.

Frequently Asked Questions

Can I object to a question during a deposition?

Yes, but Rule 1.708(1)(b) requires the objection to be stated concisely, without argument, and without suggesting an answer to the witness; the testimony is still taken subject to the objection.

When can I instruct a witness not to answer a deposition question?

Only to preserve a privilege, to enforce a limitation the court has ordered, or to present a motion to terminate or limit the deposition under Rule 1.708(2)(b).

Do I have to attend the deposition in person to take part?

No. Rule 1.708(1)(c) lets you instead serve written questions in a sealed envelope for the officer to pose to the witness and record the answers to verbatim.

What if opposing counsel is being abusive during a deposition?

Rule 1.708(2)(a) lets the court sanction the offending person, including an award of reasonable expenses and attorney's fees, and Rule 1.708(2)(b) allows the court to order the deposition stopped or limited on a showing of bad faith or unreasonable annoyance, embarrassment, or oppression.

If a deposition is stopped by court order in the middle of the session, can it just resume later?

Only on order of the court where the action is pending, under Rule 1.708(2)(b).

Source & verification. Rule text and the Comment are reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the Iowa Supreme Court. Last verified July 15, 2026. · Official source

Also known as: iowa deposition objections ruleinstruct witness not to answer iowa depositionterminate deposition bad faith iowarule 1.708 iowa conduct of deposition